
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1359dd]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
                        Part B--Marketing Quotas
 
      subpart vii--marketing quotas--sugar and crystalline fructose
 
Sec. 1359dd. Allocation of marketing allotments


(a) In general

                    (1) Allocation to processors

        Whenever marketing allotments are established for a fiscal year 
    under section 1359cc of this title, in order to afford all 
    interested persons an equitable opportunity to market sugar under an 
    allotment, the Secretary shall allocate each such allotment among 
    the processors covered by the allotment.

                       (2) Hearing and notice

        (A) Cane sugar

            The Secretary shall make allocations for cane sugar after a 
        hearing, if requested by interested parties, and on such notice 
        as the Secretary by regulation may prescribe, in such manner and 
        in such quantities as to provide a fair, efficient, and 
        equitable distribution of the allocations by taking into 
        consideration processing capacity, past marketings of sugar, and 
        the ability of each processor to market sugar covered by that 
        portion of the allotment allocated. Each such allocation shall 
        be subject to adjustment under section 1359cc(g) of this title.

        (B) Beet sugar

            The Secretary shall make allocations for beet sugar after a 
        hearing, if requested by interested parties, and on such notice 
        as the Secretary by regulation may prescribe, in such manner and 
        in such quantities as to provide a fair, efficient, and 
        equitable distribution of the allocations by taking into 
        consideration processing capacity, past marketings of sugar 
        (considering for the purposes the marketings of sugar processed 
        from sugar beets of any or all of the 1985 through 1989 crops), 
        and the ability of each processor to market sugar covered by 
        that portion of the allotment allocated. Each such allocation 
        shall be subject to adjustment under section 1359cc(g) of this 
        title.

(b) Filling cane sugar allotments

    Except as otherwise provided in section 1359ee of this title, a 
State cane sugar allotment established under section 1359cc(f) of this 
title for a fiscal year may be filled only with sugar processed from 
sugarcane grown in the State covered by the allotment.

(Feb. 16, 1938, ch. 30, title III, Sec. 359d, as added Pub. L. 101-624, 
title IX, Sec. 902, Nov. 28, 1990, 104 Stat. 3483; amended Pub. L. 102-
237, title I, Sec. 111(f), Dec. 13, 1991, 105 Stat. 1833.)


                               Amendments

    1991--Subsec. (a)(2)(A), (B). Pub. L. 102-237, Sec. 111(f)(1), 
substituted ``after a hearing, if requested by interested parties,'' for 
``after such hearing''.
    Subsec. (b). Pub. L. 102-237, Sec. 111(f)(2), added subsec. (b) and 
struck out former subsec. (b) which read as follows: ``Except as 
otherwise provided in section 1359ee of this title, the marketing 
allotment established for cane sugar under this subpart for a fiscal 
year may be filled only with sugar processed from sugarcane grown in the 
State covered by the allotment.''


                       Inapplicability of Section

    Section inapplicable to 1996 through 2002 crops of loan commodities, 
peanuts, and sugar and inapplicable to milk during period beginning Apr. 
4, 1996, and ending Dec. 31, 2002, see section 7301(a)(1)(E) of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1359cc, 1359ff, 1359gg, 
1359ii, 1359jj of this title.
